This User Agreement will describe the conditions by which you agree to use ProjectSpout and our services.
For reference, in this User Agreement:
“Account” refers to the account that you create when registering on this website.
“Buyer” refers to a user that examines, views and purchases services or items from a Seller through the website.
“Contest” refers to a contest that the buyer promotes, to which a Seller can submit their entry via the site.
“Contest Brief” refers to the document that relays the terms of a contest.
“Dispute Resolution Process” refers to the process that is to be followed by both the Buyers and Sellers as it relates to the Dispute Resolution Services.
“Entrant” refers to a Seller who is eligible and has entered a Contest.
“Company,” “we,” “our” or “us” refers to ProjectSpout.
“Inactive Account” refers to a User Account that has not been logged into or accessed for six continuous months.
“Milestone Payment” refers to a payment that the Buyer makes for a Seller’s services via a User Contract. This payment will be released as it relates to the “Milestone Payments” section below.
“Project” or “Listing” refers to a job that the Buyer offers on the website. This job may include a Contest created by a buyer, a project awarded by a Buyer, a service that a Buyer purchases from a Seller or a service that a Buyer gives to a Seller due to the outcome of a Contest that has been carried out on the website.
“Seller” refers to a User who offers services through the website.
“Seller Services” refers to all services that Sellers offer.
“User”, “you” or “your” refers to one who uses the website.
“Website” refers to the site that is run by ProjectSpout and can be accessed at ProjectSpout.com, as well as any related tool or app.
By using this website, you agree to these terms created by ProjectSpout.
It is possible that we may amend sections of this Agreement from time to time by publishing the changed terms and conditions on the site.
The website is an online marketplace where Users can purchase as well as sell Seller Services or items. Both Buyers and Sellers have to register or create an Account to buy or sell services or items. This site allows its Users to have an online space to complete Projects, purchase/sell items and to use the services that ProjectSpout offers.
Before you use the site, it’s best that you completely and thoroughly read the User Agreement, site policies and all of the linked info.
It is compulsory that you read and accept all the conditions that are in, or may be linked to, this User Agreement, the Code of Conduct and all site policies. By agreeing to this User Agreement, you are agreeing that the terms of the Agreement will be relevant and apply every time that you use or access the ProjectSpout site, or when you use any available tools. Some linked sites may have other terms that will be applied to you when or if you access them.
You are not allowed to use or access the site if you:
- Are unable to enter into legally binding contracts.
- Are under 16 years old.
- Are prohibited from using or offering services via U.K laws or other relevant jurisdiction.
- Have been suspended from using the site.
Based on your local laws, a person who is over 15 years of age but less than 18 years of age is allowed to use the account of an adult once they have been given permission of the owner of the account. Despite this, the account holder is to be held responsible for everything that occurs on the account.
Users have the option to use a business name which will be associated with their account. Users agree that though a company name may be associated with their account, the User Agreement holds them to contract, and not the business or company. Users agree that they will be the sole person responsible for any activity that occurs on their Account.
The site has the right to refuse to allow an individual to register with us, based on our sole discretion.
- Using ProjectSpout
While you are using the site, you agree to not:
- Publish any item or content in inappropriate categories on the site.
- Infringe on or break any laws, third-party rights or policies.
- Fail to pay for services that you have received, unless the Seller has changed the Seller Service or a clear typo error has been made.
- Fail to deliver services that have been bought from you, unless your Buyer has not met the terms.
- Avoid the billing process or ProjectSpout fees.
- Post offensive, misleading, inaccurate or false information (personal or otherwise).
- Do anything that may harm the feedback or reputation system. This includes importing/exporting feedback information or using it in a manner unrelated to the ProjectSpout site.
- Give your ProjectSpout account and Username to another individual without our agreement.
- Post spam or send bulk emails, unwanted chain letters or any pyramid schemes.
- Knowingly plant viruses or anything that may harm ProjectSpout as a site or any of its users; post or send anything that is offensive, derogatory, profane or other means of abuse or harassment/anything that may bring harm to or incite the mistreatment of another person.
- Download ProjectSpout listings to display along with listings from other sites/use any part of our site onto another site without our written consent.
- Attempt to modify, change, disassemble or reverse engineer any software used by the site.
- Copy or change rights or any other content from the ProjectSpout site/ ProjectSpout copyrights/trademarks.
- Collect other users’ information, such as email addresses, without being given consent.
- Infringement upon Intellectual Property Rights
It is ProjectSpout’s policy to respond to any allegations of intellectual property rights infringement. Our copyright infringement policy seeks to make infringement claims as straightforward and easy as possible while reducing the amount of false or difficult infringement claims that we receive. It is important that, given you find that your intellectual property rights have been infringed upon, notify/contact us and we shall investigate the situation.
- Fees and Services
ProjectSpout charges fees for some services. These include Projects’ introduction fees, memberships and upgrades of listings. When you use a fee service, you are allowed to look at the fees that ProjectSpout charges. We may change our fees from time to time, but you will be notified of this by a notice on the website.
We may temporarily adjust our fees in a few instances, such as for promotions (discounts on membership fees) or for new services, and these changes will be made effective when the promotion or new service is posted on the site.
Unless we explicitly state otherwise, all of our fees are in US (United States) dollars.
ProjectSpout may show your company’s name, logo, pictures or video, Project descriptions and profile as a part of advertising for ProjectSpout services or other marketing relating to the site. However, we may not do this in cases where you have asked outright that we do not, and we have agreed.
When you give ProjectSpout content, you are giving us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media existing now or in the future.
You are aware of, and agree that:
- ProjectSpout only operates as a medium for the distribution and publishing of content by users. We make no guarantee that content is actually available and present on the site. We have the right, but are not obligated, to take any necessary action as we see fit in regards to your user content.
- We are not responsible for the deletion of content or failure to save/store any content that was or was not made available on the site itself.
- All content that you submit to the site is subject to our approval or disapproval. We have the right to accept, reject, or change your content as we see fit.
You acknowledge and guarantee that your content will not:
- Infringe upon any copyright, patent, trademark or other intellectual property right or proprietary right or right of publicity or privacy.
- Violate any laws.
- Defame or be trade libelous.
- Be obscene/inappropriate or contain any type of child pornography.
- Entail the design and manufacturing of any nuclear, chemical or biological weapons.
- Contain anything linked to acts of terror.
- Contain false, incomplete or otherwise inaccurate data about yourself or any other user or person.
- Contain viruses or other technology meant to damage or interfere with any systems or data in any way.
ProjectSpout may include or contain links to third party sites; however, we do not have control over the sites to which we link. We do not endorse any of the products, policies or content of the sites we link to. The use of third party content and sites is done at your sole discretion and risk.
- Feedback, Reputation and Reviews
You acknowledge and agree that you give ProjectSpout copyright of the feedback and reviews that you leave, and that all feedback, reviews and reputations belong to us, though we do allow you to use it whilst you are a user on the site. You are not to use these reviews, feedback and reputations in any way that disobeys our policies as stated on the site, without our written permission.
You are not allowed to do anything that has the ability to harm the integrity and honesty of ProjectSpout’s feedback system. We have the right to suspend or permanently delete your ProjectSpout account if we feel that there is a need to be worried about feedback about you or a situation where our feedback system is being undermined.
Feedback ratings are our property. They may not be used for any reason but to facilitate Seller Services via the site. You are not allowed to use your feedback (either Seller or Buyer) in any other platform whether real or online, other than a ProjectSpout-affiliated site without our consent.
- Communication With Other Users
You are not permitted to post your email address or other types of contact info on the site, save for when you enter you email at the registration page or as we may otherwise allow on the site.
Unless you already have a relationship with another user before joining the site, you are only to speak with other users via the site by using the message boards, inbox or chat facilities. If we do not provide another user’s contact info through the site, you are not allowed to try to contact other users concerning Projects or private affairs via email, phone, and other messaging or chat services such as Skype, MSN and Yahoo.
If you have paid in advance for fees/charges or for services to be given to you via the site, you may have funds in your account. If you are a Seller, you may have funds in your account if you have delivered a project or sold an item and have been paid. There may also be cases where you may receive funds as it relates to an affiliate or referral program.
Funds that are present in your account are held in our accounts that are with trusted and sure financial institutions. They are not held separately, and may happen to mix with our general funds as well as the funds of other users.
You do not have the right to interest on your Account funds. However, we may receive interest on our funds, which may include the funds in your account, from the institutions with which we have created our accounts. Any interest of this nature that is earned belongs to us alone.
If your Account happens to have a negative amount of funds, we may do one of the following:
- Make up for the negative funds with any funds that you may receive afterwards
- If the funds in your account are available in multiple currencies and one of these currencies becomes negative, we have the right to make up for this negative amount with funds that you have present in another currency – this is done by an exchange rate chosen by us
- Undo any payments that you have made to other user accounts on the site
- Deduct any money owed to us from funds that your account receives, whether added by you or as a payment
- Suspend or limit your account until it no longer has a negative value, with immediate effect
- Limits & Fraud Prevention
We have the right to deny or suspend a user’s request to withdraw funds if we have reason to believe that the funds are accumulated fraudulently.
If we receive a request that any funds sent from one account to another are the result of fraud, it will be instantly reversed. If you have already withdrawn such fraudulent funds, you must deposit them into your user account. If you do not, we have the right to limit, suspend or permanently delete your account or take legal action against you to gain such funds.
We have the right to, for any reason we deem necessary, limit some or all of the funds that your account holds, if:
- We believe that you, your account or your dealings on the site are risky
- We have reason to believe that the recipient of such funds is not you
- We believe that the funds are being received by a member of a country where we do not offer our services
- We are bound by law to do such
You can request a refund for funds that you have added to your account at any time, save for if said refunds are related to a Milestone Payment or fees charged by us.
If said funds do refer to a Milestone Payment or fees charged by us, parties must follow the process as detailed in the “Disputes with Us” clause.
If we do agree to give a refund, the funds will be sent by the same method as they were paid. At times, based on our discretion, we may choose another payment method in certain situations.
We may also issue a refund to a user whether or not they have requested one, if:
- We believe that we are required by the law to do such
- We believe that issuing the refund will avoid a dispute
- We find out that the original payment made by said user was fraudulent
- The user made a payment in error
- We believe that a refund is necessary to avoid a chargeback
If you want to request a refund, you can use our customer support site or email us at email@example.com If you have already done this, you are not to make a chargeback request until we have tried our very best to fulfill your request.
There is no minimum for a refund request.
Your first fund withdrawal will be delayed for a 15-day period. This is for security and fraud-detecting purposes.
Other withdrawals may also be delayed for this same 15-day period if our fraud prevention policies suggest that a delay be put into place.
We issue a minimum withdrawal amount, which is detailed in the Fee and Charges policy.
You understand and agree that we may try to verify your identity or ask you for more information as part of our measures against fraud.
- Inactive Accounts
Accounts that have not been logged into for a long period will continue to generate a monthly maintenance fee until it is either closed or the user becomes active again. This fee is to facilitate the site’s costs of storage, hosting the profile, portfolio storage, user listings, message storage and the promotion of your profile on the site.
The length of such an inactive period and the maintenance cost is detailed in the Fees and Charges policy.
The site has the right to delete inactive accounts, as well as an account with negative or zero funds in it.
- Right To Refuse Service
We have the right to delete, suspend or limit your ProjectSpout account as we see fit, or without reason.
We may delete, suspend or limit an account based on the following:
- If we find that you have breached this user agreement
- If you under-bid on a project in order to negotiate a price privately and avoid fees
- If we find that you have broken laws concerning another person’s intellectual property rights
- If we find that you have taken part in or are currently taking part in fraud or illegal actions
- You do not respond to requests or prompts to verify your account
- You do not complete said verification within 3 months of the date that the request was made
- You do not complete account verification when requested within 3 months of the date of request;
- You are the subject of a USA sanctions regime
- Our banking and payment relationships prevent us from doing business with you
- To reduce the risk to ourselves or to another user
- For any other similar reason
- Milestone Payments
We operate via an escrow service. Our service also allows for controlled payments to be made via a system called Milestone Payments.
As is subject to this agreement, the Buyer is allowed to make a Milestone Payment which the Seller will not have access to until:
- Both the Buyer and Seller agree that the Seller can claim the funds
- If there is some sort of dispute between both parties, they have ended the Resolution Process and the Dispute has been solved with favour given to the Seller
- The Buyer tells us to pay a Seller for services rendered during a project/contest
- The buyer agrees that the Seller’s services were fulfilled satisfactorily
If the Buyer is not satisfied with the services they receive, both parties can solve the dispute via the Dispute Resolution Process.
If a Buyer has not given us leave to pay a Seller within six months after the day the payment was released to us and the Buyer has not been active on their account since, the payment will be refunded to the Buyer.
- Dispute Resolution Services Code Of Conduct
ProjectSpout’s Code of Conduct applies to every service that is offered on the site. This includes the Milestone Dispute Resolution Services. You agree that you will be reasonable and fair when resolving a dispute.
Any user who breaches the code of conduct for the resolution process risks losing the dispute, and favour will be given to the other party. Said user who breached the code may also be subject to additional disciplinary or legal action.
- Disputes With Us
If it happens that a dispute occurs between a user and ProjectSpout, we only aim to address any concerns or qualms you may have, if we are unable to do so, we aim to provide a way to solve the issue quickly. It’s encouraged that you first contact us directly via customer support or by emailing us at firstname.lastname@example.org
For any concern that arises, ProjectSpout may choose to solve the dispute in a simple and cost-effective manner via non-appearance negotiation. If ProjectSpout chooses this means of resolution, this negotiation will be begun through an ADR (alternative dispute resolution) provider. You will choose this ADR provider from a panel of providers that ProjectSpout gives to you. Both the ADR provider and the parties involved have to comply with these rules:
- The negotiation shall take place over the phone, email or via written materials. The party who initiates the negotiation shall choose the means of communication
- The negotiation will not involve any appearances by either party unless both parties agree to such
- Any judgment on the award by the negotiator may be entered into any court of jurisdiction
Some services will show rates in local currency. These rates are based on a conversion from the original currency using exchange rates. You acknowledge and agree that these rates are simply suggestive, and that the amount in the original currency is the real and accurate amount.
We have the right to refuse any requests made at any time for a currency conversion.
You are responsible for all risks relating to converting funds and maintaining them in their available currencies. These risks include, but are not limited to, the risk that exchange rates often rate and the value of your funds may fluctuate. This could mean that the value of your total funds can decrease. You are not to use the site to do speculative trading – this can cause huge losses. The site is not a provider of financial services.
All of the info on the site concerning conversion of currency is only general and basic information. Currency conversions are final and cannot be reversed, so any use is at your own risk.
- Closing Your Account
A user may close his/her account at any time he/she pleases. Account closure is subject to:
- Not having outstanding listings on the site
- Resolving any suspensions, restrictions or other matters on your user account
- Paying any fees that are still owed on your account
You will indemnify us and all of our related personnel, including agents and employees, against any claim made against us by a third party because of or stemming from your breach of the user agreement, or your infringement upon any laws or rights of a third party while using ProjectSpout.
Any funds in your account may be applied to us if you breach or do not comply with this agreement.
We encourage you to immediately inform us if you notice any illegal or unauthorized access to the site, your personal account or ProjectSpout services. You are also to do everything in your power to lessen said security breach, such as keeping evidence and informing the relevant authorities. You are the only one responsible for the safety of your password. projectspout will not be held responsible for any losses or damage to your account via unauthorized access due to your failure to keep your password safe.
- No Insurance/ Warranty
ProjectSpout does not offer any insurance or Buyer/Seller protection
- No Warranty As To Content On The Website
The site is dynamic, and changes with time. Due to this, info on the site may change often. It is possible that some of this info may be seen as misleading, offensive or inaccurate.
The site, ProjectSpout services and all of the content on the site are offered on an ‘as is,’ ‘with all faults’ and ‘as available’ basis. No warranties of any kind are explicitly or implicitly stated. Hence, we make no warranty concerning:
- The site, any Seller services or any ProjectSpout services
- The reliability, accuracy, availability or content of the site or Seller and ProjectSpout services
- Whether or not the site, Seller services or ProjectSpout services will be current, secure, free of all errors or not misleading
- Whether site defects will be fixed
- Whether the site, Seller services or ProjectSpout services or any data will be backed up
- Whether business continuity arrangements are in place relating to the site, Seller services or ProjectSpout services
- Any third party agreements or warranties of business that you receive via the site or Seller services or ProjectSpout services
- The site, Seller services and ProjectSpout services being free of error or bad code, being secure, being confidential or being at any particular standard
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.
- Limitation Of Liability
In no event are we, our related entities, our affiliates or employees to be held liable, whether in contract, warranty, tort (including negligence), or any other form, for:
- Any damages that you incur, whether they be direct, indirect, incidental or consequential
- Any loss of funds or profits, whether direct or indirect, that you incur
- Any claim, damage or loss that you incur as caused any transaction that you make on the site
The limitations on our liability as shown above shall apply whether or not we and all of our related entities as aforementioned have been advised of the risk of such losses. We specifically limit our liability in the case of the breach of a non-excludable warranty implied by legislation to the following remedies (the choice of which remains under our sole discretion).
- Jurisdiction Limitations
Because some jurisdictions do not permit some of the limitations as established above, some of these limitations may not apply to you. In such a case, the liability will be limited as much as possible under the relevant legislation.
- Law And Forum For Legal Disputes
This Agreement will be overseen by the laws of <Country.> it is encouraged that you attempt to solve any issues or disputes using the Dispute Resolution Process. If such a dispute cannot be solved, then you and ProjectSpout agree to submit to the non-exclusive jurisdiction of the courts of <Country>.
The provisions of this agreement can be severed, and if any of these provisions are deemed invalid or unenforceable, it will be removed and the others will be enforced. This agreement can be assigned to us at any time, or to a third party without your permission in the event of a company sale or some other transfer or our assets. In the event of such a sale or asset transfer, you the user will continue to be bound by this user agreement.